Walker-Butler v. Berryhill

BALDOCK, Circuit Judge.

Following a remand from a federal district court, the Commissioner of Social Security issued a partially favorable decision on Plaintiff Cynthia Diane Walker-Butler’s claim for Title II disability benefits. Dissatisfied, Plaintiff once again sought review of the Commissioner’s decision in federal court, but the district court dismissed her complaint as untimely. We consider in this appeal whether a five-day grace period outlined in 20 C.F.R. § 422.210(c) should have applied on remand and saved her complaint from dismissal.

I

An individual seeking Title II disability…